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As countries undergo their health financing transitions, moving away from external and out-of-pocket (OOP) financing toward domestically sourced public financing, the issue of fiscal space – that is, of finding ways to increase public financing in an efficient, equitable, and sustainable manner -- is front and center in the policy dialogue around universal health coverage (UHC). Although how money is expended is just as critical as the overall resource envelope, we analyze changes in per capita public financing for health in real terms, a proxy for realized fiscal space, within and across 151 countries over time. This allows for an assessment not just of trends in public financing for health but also of contributions from three macro-fiscal drivers -- economic growth, changes in aggregate public spending, and reprioritization for health -- exploiting a macroeconomic identity that captures the relationship between these factors. Analysis of data from 2000 to 2015 shows per capita public financing for health in low- and middle-income countries increased by 5.0 percent per year on average: up from US$60 (2.2 percent of GDP) in 2000 to US$117 (2.8 percent of gross domestic product [GDP]) in 2015. Some of the largest increases were in countries in the Europe and Central Asia (ECA) and East Asia and Pacific (EAP) regions. At 3.1 percent per year, annual growth in public financing for health was lower among high-income countries, albeit from a much higher baseline in 2000. Increases in on-budget external financing comprised most of the changes among low-income countries, whereas domestic government revenues dominated changes in composition of public financing among lower- and upper-middle-income countries. Public financing increased at a faster rate than OOP sources for health in most regions except for South Asia. Although there are important country-specific differences, it is notable that more than half of the increase in public financing for health was due to economic growth alone. For the remainder of the increase, aggregate public spending contributed more than reprioritization across low and lower-middle-income countries, whereas the reverse was true in high-income countries. One key point of note from the landscaping exercise summarized in the paper is the diversity of growth trajectories across countries and, especially, the volatility in trends over time. The implications are clear: capturing public financing with a single growth rate is not the best metric to characterize country experiences, many of which are punctuated by episodes wherein trends are flat or have varying degrees of growth rates (positive or negative). Although country context matters, the importance of economic growth for public financing for health underscores the critical need to situate, integrate, leverage, and proactively manage health financing reforms within a country's overall macro-fiscal context and to assess different pillars of fiscal space holistically.

The research of this thesis focuses on the nexus of vulnerability (or the risk to become poor), fiscal decentralization and public service delivery in the perspective of the development of China during the last 50 years. This development has been remarkable: a consistent high level of economic growth, a massive reduction of poverty and at the same time wide and fundamental reform of the public sector. The subject is a contemporary issue in particularly as vulnerability is considered a key for addressing the poverty challenges in the world and is strongly related to public services and decentralisation. The thesis presents a methodology to estimate the evolution of vulnerability by region through analysis of household assets consisting of liquid resources, human capital and health care. This is done on the basis of provincial level panel data in China from 1985 to 2001. Asset composition is estimated through an one-stage Theil decomposition index which is introduced into a logistic regression. The conclusion is threefold: Firstly, liquid assets and human capital contribute to the reduction of vulnerability, while health care does not reduce vulnerability. Secondly, Interior and Western regions have higher degree of vulnerability, while the Eastern region has lower vulnerability. Thirdly, inequalities within regions contribute about 20-30% to vulnerability, while inequality between regions contributes about 70-80% to vulnerability. The research provides also empirical evidence on the extend that public service delivery is a determinant of fiscal decentralization by using OLS regression, OLS regression with Fixed Effect, Two-Stage Least Square (TSLS) and TSLS with FE to analyze the effects of various education and health variables on fiscal decentralization. This is undertaken on the revenue and the expenditure side, as well as on the growth of extra-budget revenues and extra-budget expenditures. The conclusion is that the quality of secondary and higher education has overall a negative impact on the fiscal decentralization, probably due to lack of internationalization of spill-over effect caused by huge migration in China. Also part of the research is an analysis of the impact on vulnerability, as measured by the dependent variable food consumption, by the quality of public services delivery in the education and health sector. This is undertaken through an OLS, OLS with Fixed effect, Two Stage Least Square (TSLS) and TSLS with Fixed Effect regressions as well as robustness tests through lags of respective one and two years. The conclusion is fourfold: (i) the quality of primary education has a negative impact on vulnerability, probable due to high inequality and to the selection bias of children from poor families being taken out of school (Connelly and Zheng, 2003); (ii) the quality of the secondary education service has a negative impact on vulnerability in all time lags with TSLS with Fixed Effect. Therefore, these results are strongly robust; (iii) the quality of higher education service has a negative impact on vulnerability. However, these results are less robust than the one with secondary education; and (iv) the health care has also a partially positive impact under the fixed effect. The research in this thesis is based on datasets from five sources: (i) China Datacenter of Michigan University; (ii) China Statistical yearbook; (iii) Prof. Belton M. Fleisher and Prof. Min Qiang of Ohio University on human capital; (iv) Prof. Jing Jin of John Hopkins University and Prof. Heng-fu Zou of the World Bank on fiscal decentralization; and (v) Prof. Yiu Por Chen of DePaul University in Chicago on political decentralization. The policy implication of the thesis is that vulnerability can be reduced substantially through social service delivery. However, fiscal decentralization in China has led to the introduction of userfees which form a barrier for the poor, particularly in the rural areas. The fiscal decentralization policies therefore need be accompanied by a fiscal envelope for poor regions to ensure that basic services are available and accessible to all citizens ; La thèse traite les questions abordées par la vulnérabilité, la décentralisation fiscale et les services publics en Chine. Le processus de développement était remarquable avec une croissance phénoménale et avec une réduction de la pauvreté massive. En même temps, il y avait de grandes réformes dans les secteurs publics notamment dans les domaines de l'éducation et de la santé. Le thème de la thèse est contemporain puisque la perspective de la vulnérabilité est considérée un défi important pour résoudre le problème de la pauvreté. Celle-ci est liée étroitement aux politiques menées dans le secteur public en général, plus précisément dans la décentralisation fiscale. La thèse présente une méthodologie pour estimer l'évolution de la vulnérabilité par région en Chine. Cela est fait à travers des actifs liquides, la capitale humaine et la santé publique. La vulnérabilité est estimée par un indice de la décomposition de Theil et celle- ci est introduite dans une régression logistique. La conclusion est la suivante : Premièrement, les actifs liquides contribuent à une réduction de la vulnérabilité. En revanche, la santé publique ne réduit pas la vulnérabilité. Deuxièmement, la région Ouest et la région Intérieur ont une vulnérabilité plus élevée par rapport à la région Est. Troisième, l'inégalité dans une région contribue 20-30% à la vulnérabilité, cependant, celle-là entre les régions contribue 80-70% à la vulnérabilité. La recherche dans la thèse montre également que les services publics ont un effet déterminant à la décentralisation fiscale en utilisant le MCO, les effets fixés, la DMC et la DMC avec les effets fixés. Ceux-ci sont appliques aux différentes variables de la décentralisation fiscale, respectivement, les dépenses publiques, les revenus publics, les dépenses publiques extrabudgetaires et les revenus publics extrabudgetaires. La conclusion est que la qualité dans le secteur d'éducatif au niveau secondaire et supérieure ont des impacts négatifs sur la décentralisation fiscale probablement à cause des effets de « spill-over » qui sont liées aux migrations, au coût fixe (au niveau supérieure) et à l'économie d'échelle. En revanche, le secteur de la santé n'a presque aucun effet. En plus, les revenus extrabudgétaires ainsi que les dépenses extrabudgétaires ont une corrélation très forte. La thèse aborde également une analyse de l ' impact sur la vulnérabilité, mesurée avec la variable de la consommation alimentaire, par les qualités des services publics dans les secteurs de l'éducation et dans la santé publique. Celle-ci est faite à travers le MCO, les effets fixés, la DMC et la DMC avec les effets fixés. En plus, un test de robustesse est introduit avec un retard de 1 et 2 ans. La conclusion est les suivants : Premièrement, la qualité des services publics dans l'éducation aux niveaux secondaire et supérieur a des impacts négatifs sur la vulnérabilité. Deuxièmement, l'éducation au niveau primaire augmente la vulnérabilité, probablement à cause de l 'inégalité. Troisièmement, la qualité des services publics dans le secteur de la santé a peu des effets sur la vulnérabilité. La recherche dans la thèse est fondée sur la base des données suivants : (i) China Datacenter de Université de Michigan sur le service public; (ii) Annuaire statistique de la Chine; (iii) Prof. Yiu Por Chen, Université de DePaul à Chicago sur la décentralisation politique ; (iv) Prof. Belton M. Fleicher et Prof Min Qiang, Université d'Ohio sur le capital humain ; et (v) Prof. Jing Jin de John Hopkins Université et Prof. Heng-fu Zou, Banque Mondiale sur la décentralisation fiscale. La recommandation politique de la thèse est que la vulnérabilité peut être réduire substantiellement par une politique du service social bien ciblé. Cependant, la décentralisation fiscale en Chine a suscité l 'introduction de frais d ' usage qui est devenu une barrière pour accéder aux services essentiels, notamment dans la région rurale. C'est la raison pour laquelle la décentralisation fiscale devrait être accompagnée d ' une enveloppe fiscale pour la région pauvre afin d 'assurer les services publics pour tous les citoyens de la Chine

The prolonged crisis and violent conflict led to considerable destruction of private and public property, loss of life, and many refugees and internally displaced persons. Dealing with the shocks and aftermath of the post-election political crisis and armed conflict is a serious challenge for Côte d'Ivoire. Expenditure will need to be kept in line with available resources while addressing immediate priorities. The government's fiscal response to the economic crisis in the face of a very uncertain resource envelope is commended by Executive Directors

Abstract: Although since 1975 the Government of Canada has been successful in containing its expenditure growth — partly as a result of the demands for value for money in government and the political implications of the large deficit — the drive for efficiency and economy has a long history. The Budget reforms of the 1970s (such as MBO, PPB and OPMS) have been joined at the Federal level by a new Policy and Expenditure Management System based on resource "envelopes". This involves the preparation of a five‐year fiscal plan setting out projected revenue and total expenditure with a division of expenditure into ten "envelopes" for ten policy sectors. Expenditure priorities are determined by the Priorities and Planning Committee chaired by the Prime Minister, and five Cabinet Committees are responsible for managing the various policy sectors within the funds available. The intention is that "X‐budgets", or across‐the‐board percentage cuts which were the earlier means of cutting back, will be replaced by the more sophisticated "envelope" system. In various ways all Provincial governments — even resource‐rich Alberta — have also cutback their expenditures. Ontario has used two blunt instruments in its cutbacks; an arbitrary growth target below the level of inflation and the limitation of public service manpower through the device of "person‐years". The lesson from Ontario's experience is the importance of political will in cutback management.

Timor-Leste has achieved significant improvements in the health sector since becoming independent a little over a decade ago. Timor-Leste is undergoing an epidemiology transition as the non-communicable disease burden increases, while infectious disease prevalence remains high. The report aims to: (i) analyze trends in health sector public expenditures (budgets and realized expenditures); (ii) document trends in staffing and training, including their costs; (iii) understand the likely resource envelope available to the health sector over the next five years (from all sources); and (iv) provide options to adjust expenditures, to support key priorities, and improve the efficiency of existing expenditures to create space for key priorities. This report reviews the critical fiscal issues facing the health sector in the medium term, including the key areas demanding fiscal space, and the likely resource envelope from government and donors. The report analyzes past trends in health expenditures (by the government and donors), forecasts future resource availability, and examines implications for the Ministry of Health (MOH) to sustain delivery of quality health services. The report is organized as follows: chapter one gives introduction. Chapter two analyzes human resource development in health by discussing three scenarios for medium term health staff planning. Chapter three examines trends in government health spending by key expenditure areas and discusses the increasingly important role that government spending will play in the health sector. Chapter four analyzes the past trends in donor health financing in Timor-Leste. Chapter five concludes by reviewing four key areas (rising wage bill, pharmaceutical spending, overseas medical transfers, and declining donor spending) that are exerting pressure on health sector financing, and suggests policy recommendations based on the analysis detailed in this report.

The evolution of Costa Rica's social sectors over the past decade has been dichotomous. On the one hand, economic growth has remained relatively high, however poverty and inequality have not declined (moreover, they have increased), and persistent employment challenges remain. On the other hand, the country has continued experiences advances in many social indicators, such as pre-primary and tertiary enrollment rates, access to improved sanitation, and labor force participation, though not in others (secondary school completion, immunizations, employment). Higher economic growth and (to a lesser extent) revenues seem to have allowed a substantial increase in public social spending. Looking forward, the key challenges Costa Rica faces are related to continuing improving the quality and efficiency in the social sectors, while improving targeting to serve the most in need, in a tight and severe fiscal context. To expand coverage of excluded population, priority will have to be given to reallocations and improvements within the spending envelope for the social sectors to maximize impact. With a fiscal deficit of more than 6 percent of GDP, further expanding public social spending is no longer an option and budget cuts are looming. Improvements in public spending management and budget execution, including the need of institutional reform to consolidate programs and improve coordination among executing agencies is equally important. In a country that has long been the champion in expanding universal welfare state, sustainability concerns will imply that hard fiscal decisions would need to be made to increase the social returns of budget allocation.

Pakistan's economy posted GDP growth of 4.2 percent in FY2014/15 compared to 4.0 percent in the previous year, but below the 5.1 percent targeted growth envisaged for FY2014-15 in the annual plan. On the demand side, investment and government consumption posted strong growth. Private consumption was supported by record high remittances in the order of US$18.7 billion in FY2014/15. The share of investment in GDP remains relatively small, at 15.1 percent of GDP, about half of the South Asian average at 30 percent. More worryingly, private investment as a share of GDP has been declining and stood at 9.7 percent of GDP in FY2014/15. This low investment has implications for Pakistan's long term growth potential that has been on a clear declining long run trend as discussed in special section three in this issue. Exports declined in FY2014/15 and this decline was broad based, a result of both low international prices of some of Pakistan's export products as well as weak external demand. Textiles, which account for about half of all exports, posted a significant decline. Imports also declined, mainly due to lower international oil and commodity prices, although to a lesser extent than exports. Non-oil imports increased significantly, in particular metals, food, machinery and wood and paper products. Fiscal consolidation will require strong tax revenue efforts by the government as well as gradual phasing-out of energy-related subsidies and of reduced support to loss-making SOEs. Efforts to tighten fiscal policy will also need closer coordination with the provinces, and ensuring that progress in the country's decentralization effort better aligns the province's responsibilities with the increased resource envelop that resulted from the 7th NFC award. Efforts to prevent major shocks to the government's fiscal stance should also include reducing the fiscal risks of the frequent natural disasters affecting Pakistan, an issue discussed in detail in special section five. On the external side, it will be important to increase efforts to attract more FDI from the current low levels, by improving the overall business climate and address regulatory weaknesses at the sectoral level that may be affecting the country's ability to attract investment. Continued implementation of the government's reform agenda to address structural bottlenecks, in particular in the energy sector, will also be crucial to be able to attract more investment.

Sindh has the potential to become a high middle-income province in Pakistan, but it lags far behind in terms of economic, social and development indicators. Sindh is also the most industrialized province, resource-rich and endowed with the country's largest natural gas and coal reserves. In sum, it has the potential to become a high-growth and high-income region. Nonetheless, Sindh has yet to translate this potential into commensurate economic and social development. The province faces major developmental challenges. Sindh's weak social indicators are partly the result of the inadequate reach and low quality of public service delivery. This Public Expenditure Review focuses on provincial finances and their utilization with the objective of identifying possible reforms to expand the resource envelope and ensure better value for money by improving the management and efficiency of public spending. It includes two important components: (i) a detailed analysis of the major revenue challenges and the various expenditures, including development spending and; (ii) and in-depth assessment of how some of the key government priorities are undertaken, such as education, health, and social protection. The hope is that by better understanding the constraints, reforms can be designed and implemented to maximize Sindh's potential and promote a more equitable and productive path.

El Salvador's development over the past decade has been dichotomous. On the one hand, economic growth has remained persistently low, employment and labor force participation have barely increased, and progress on poverty reduction has slowed. On the other hand, inequality has fallen, and shared prosperity improved together with advances in many social indicators, such as pre-primary enrollment rates, access to prenatal care, immunizations, and water and sanitation. The increase in the use of social spending, which now accounts for 12.4 percent of GDP, together with an improvement in the quality of social spending, explain at least part of this dichotomy of redistributive and social gains despite low growth, a tight fiscal situation and generally low government revenues and spending. Looking forward, the key challenges El Salvador faces are related to continuing improving the quality and efficiency in the social sectors, while maintaining the overall level of social spending within an increasingly constrained fiscal environment, where fiscal constraints, low revenues, and the need to cut the deficit by 3 percent of GDP are significant elements, as well. Priority will have to be given to reallocations and improvements within the spending envelope for the social sectors to maximize impact. This document analyzes social spending for El Salvador for the education, health and social protection and labor sectors in depth and explores a series of policy options for El Salvador to reallocate social spending for more effective impacts, to enhance and reform social policies and social service delivery, and to improve the management of public spending and budget execution in the social sectors.

Gross domestic product (GDP)1 growth is expected to have fallen sharply in 2017 to a projected -1.8 percent from 5.3 percent the year before. This contraction is driven by a reversal of trend in government spending. In the last six months, the political impasse has worsened, with the President declaring a 'serious institutional crisis' and dissolving Parliament in January 2018. The current government has not been able to pass its rectification budget for 2017 nor a budget for 2018 to date. The resulting tight budget envelope has led to a sharp reduction in government expenditure of some 24 percent year-on-year, especially felt in the last three months of the year. With government expenditure making up about 75 percent of GDP, weakening expenditure has had a significant downwards impact on growth in 2017. Offshore petroleum production has continued to gradually decline over 2017 as existing fields are steadily depleted, while coffee exports were lower in 2017 due to poor weather conditions. International arrivals by air continued to grow, suggesting that the international visitor market has held up. Private consumption has been more robust in 2017, but investment, both public and private, has declined and foreign direct investment (FDI) has dried up. There remains an urgent long-term agenda of development in Timor-Leste which a new government program could focus on. Key priority reform areas include addressing the multi-sectoral challenge of severe malnutrition, improving systems of public service delivery, supporting a broadening and diversification of the economy, and putting environmental and fiscal management back on a sustainable path. Existing fiscal reserves provide a golden opportunity to achieve these reforms, but only if they are utilized to support a transition to a long-term sustainable economic and fiscal model.

The vast majority of scholars have reached a common vision on the fiscal function performance by taxes, in the predominant – on the regulatory (with a division into incentive and deterrent) and to a large extent – on the controlling function. With the change of political cadence and the beginning of COVID-19 quarantine in Ukraine, a number of important tax reforms were launched to de-shadow the economy and establish fairer taxation, which affected all three tax functions. At the same time, systemic problems regarding the functional capacity of the tax system of Ukraine remain on the agenda. First, the failure of the fiscal function of taxes, which is associated with common schemes of tax avoidance and evasion, namely smuggling and "gray" imports, abuse of the simplified taxation system, wages "in envelopes", unaccounted cash income without the use of cash registers, the erosion of the tax base in low-tax jurisdictions. Second, the limited potential of the regulatory function of taxes due to the weak effectiveness of existing tax incentives. New tax incentives carry the risks of significant revenue losses in the absence of reliable compensators in the future. Third, low confidence in the control function of taxes due to the weak institutional capacity of tax and customs authorities. Complex tax and customs administration provides ample opportunities for corruption risks. There is no effective system of anticipation and prevention of violations. Given the significant number of problems in the implementation of all major tax functions in Ukraine, relevant strategic goals and objectives are proposed to strengthen the functional capacity of the domestic tax system, which should be the basis for strategizing its development.

The small Pacific Island Countries (PICs) face unique constraints which pose public financing challenges beyond those faced by other small island developing states. The PICs also face frequent natural disasters and climate-related impacts which have destructive effects on livelihoods and the capital stock. Further compounding these challenges, the process of accessing finance from development partners after a disaster can be lengthy, difficult, and uncertain, the resulting allocation of resources across projects and sectors may not be optimal, and the overall envelope of available finance is often insufficient to return the physical capital stock to its pre-disaster level. This paper provides a quantitative assessment of the outlook for government finances in the PICs over the next 25 years. Section one gives introduction. Section two assesses current public expenditure and revenue trends in the PICs and presents a range of scenarios for the evolution of government finances through to 2040. Section three examines longer-term prospects for meeting these financing needs, including via official development assistance, trust fund flows, and debt. Section four considers how the PICs' capacity to meet their financing needs will be affected by the extent to which they take advantage of the revenue- and growth-enhancing opportunities described in the other Pacific possible background papers. Section five examines whether there is scope to improve the modalities, terms, and timing of aid delivery, including in response to natural disaster. Development assistance currently plays a key role in supporting public service delivery in the Pacific, and this role is likely to remain important over the next 25 years: working together to ensure that aid is provided as efficiently as possible is therefore of paramount importance. Due to the region's high and increasing exposure to external shocks, the development of more effective financial risk management instruments will also be critical. This paper examines each of these areas of financial collaboration.

The report contains eight chapters. Chapter one leads off with the main macroeconomic and fiscal determinants to understand the general health financing situation in DRC. Its sections one and two provide a brief overview of the country's macroeconomic and fiscal environment. Section three sheds new light on decentralization, a core health issue, and focuses on the fiscal implications of decentralization. Section 4 offers a brief analysis of the management of public finance, a key element for the effectiveness and quality of expenditure, especially in health. Chapter two starts with a brief overview of the main objectives and analyzes its organization and governance, with a focus on health care delivery. Chapter three discusses the performance of the main health system's outputs and outcomes. Section one analyzes major changes in health outcomes based on different household surveys. Section two addresses service coverage with a focus on mother and child services. Section three explores service quality issues. In a detailed analysis of health financing sources, Chapter four looks at changes in public, external, and private sources over 2008–2013 (section one). Section two analyzes the adequacy of government funding for health financing needs, and assesses the prospects for expanding fiscal space for health. Chapter five examines government funds mobilized for health, both allocated in the budget and executed (or actuals). Government resources for health are taken to mean all domestic financing sources allocated to the Ministry of Public Health and other health entities. Section one examines changes in the health budget envelope over 2007–2013, while section two focuses on actual spending. Section three analyzes government executed expenditure by nature and section four reviews trends and types of personnel expenditure, the largest share of government health expenditure. Chapter six focuses on health expenditure performance in the light of three main parameters: financial protection; equity; and efficiency. Section one analyzes financial protection using standard indicators (share of out-of-pocket payments, catastrophic expenditure, and impoverishing expenditure). Section two scrutinizes health outcomes and service use disparities and inequalities based on income, gender, and place of residence. The last section presents an overview of the efficiency of health expenditure in DRC, primarily in comparison to its peer countries. Chapter seven analyzes health financing from the point of view of the provinces, the new 'entitled' authorities for the health sector, drawing on a survey of financial and fiscal data from six provinces. Section one presents an overview of health financing flows after decentralization. Section two focuses on financing sources for the health sector at the provincial level, examining provincial government funds, external assistance, and central government transfers. The chapter ends with an analysis of the volume and type of decentralized government health expenditure. The report concludes in a brief chapter eight with a series of recommendations to improve short- and medium-term health sector financing and performance.

Faced with a prolonged economic downturn and resulting fiscal constraints, the Government of Belarus is looking to increase the efficiency of public funds spent on public investment. As the total envelope on public capital spending is likely to stagnate or even decrease further in the coming years, it becomes important to increase the output for each ruble spent on infrastructure and other public investment. Several international studies point to a significant payoff from improving Public Investment Management (PIM) – the institutions, systems, and processes guidingdecisions on how to prepare and implement public investment projects. The InternationalMonetary Fund (IMF) estimates – based on a survey of the efficiency of PIM systems in a range of countries having gone through PIM assessments – suggest that an average country obtains 30 percent less output in terms of physical infrastructure for a given expenditure than the most efficient countries. Up to two-thirds of this efficiency gap could be clawed back through improved PIM institutions (IMF, 2015). At the same time, alternative modalities have developed for procuring andimplementing public investment projects through the involvement of private partners. Such Public Private Partnerships (PPPs) can in some cases increase the efficiency of project implementation and likelihood of achieving project outcomes, although attention must be devoted to properly identifying and managing significant fiscal and other project-related risks. Against this background, the Government of the Republic of Belarus (GoB) has requested the World Bank to provide technical assistance to strengthen PIM and PPPs. As a first step, this report assesses the current systems and procedures for public investment against good international practice using a diagnostic methodology developed by the World Bank and tested in a large number of countries worldwide. The analysis identifies gaps in the current system, and options for improvement are provided as a basis for further discussion and prioritization by the GoB.

The study is about the STC 185/2012, which asserted the unconstitutionality the «favorable» term as a prerequisite of the report of the Public Prosecutor which the legislator established so the judge could impose the joint custody of the children by their parents separated when they disagreed among themselves for that type of custody. The unconstitutionality declared is twofold: because such regulation violated the principle of jurisdictional reservation in favor of the judges and courts proclaimed in the art. 117.3 CE, and because it quite the right to effective judicial protection guaranteed in the art. 24.1 CE. The decision has a dissenting opinion signed by four judges, which denies such studs: on the one side, taking as examples some legal determinations envelope whose constitutionality is no doubt and, that consequently warrantee the questioned regulation; on the other side, and above all, founding that his trial constitutional conformity in the Court's doctrine about the notion of «normative density», which covers the legislator to regulate detail matters. The comment aims to demonstrate that the examples that are compared in the dissenting opinion declared unconstitutional regulation are not comparable to this, and that such a constitutional doctrine about the «normative density» was not applicable either to the same. So the impossibility that the judge imposed the shared custody of children in case of disagreement of the parents about it if the report of the Prosecutor was opposite (or simply neutral or non-existent) was, indeed, non-conforming with the jurisdictional exclusivity of the judges and violated the right to effective judicial protection at stake in such cases. ; El estudio tiene por objeto el comentario de la STC 185/2012, de 17 de octubre, que declara inconstitucional el término «favorable» como condición imprescindible del informe del Ministerio Fiscal que el legislador establecía para que el juez pudiese decretar la custodia compartida de los hijos menores por sus progenitores separados ...